Guardianship in San Antonio, Boerne, Kerrville, New Braunfels and throughout Texas

Guardianship is a legal process used to appoint a responsible person to make personal, financial, or medical decisions for someone who is unable to do so themselves. At Legacy Legal Solutions, PLLC in San Antonio, Boerne, Kerrville, New Braunfels and throughout Texas, we assist individuals and families with the legal steps required to obtain guardianship for minors, incapacitated adults, and elderly loved ones. This court-supervised process ensures that vulnerable individuals receive the protection and oversight they need under Texas law.

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Legal Definition and Purpose of Guardianship

Guardianship is necessary when an individual cannot make informed decisions due to age, disability, mental incapacity, or illness. In these cases, the court designates a guardian who is granted legal authority to make decisions on behalf of the ward.


Texas law separates guardianship into two main categories: guardianship of the person and guardianship of the estate. Guardianship of the person involves decisions about the ward’s living arrangements, healthcare, and personal welfare. Guardianship of the estate involves managing financial assets, paying debts, and protecting property.


In many cases, both types of guardianship are established simultaneously, but the court may tailor the arrangement to fit the specific needs of the individual in question.

Guardianship for Minors in Texas


When a child under the age of 18 is left without a legal parent due to death, incapacity, or other circumstances, guardianship may be necessary to ensure stable and lawful care. The guardian assumes full legal responsibility for the child, including medical decisions, education, and daily welfare.


In San Antonio, guardianship of minors is commonly pursued by grandparents, relatives, or close family friends. A court hearing is required, and the judge must determine that the arrangement is in the child’s best interest. Guardianship does not terminate parental rights unless specifically ordered by the court.


Parents can also nominate guardians in their wills as part of their estate planning. This nomination is not binding but is given significant weight by the court during guardianship proceedings.

Guardianship for Adults with Disabilities or Incapacity

When an adult becomes unable to manage their own affairs due to dementia, mental illness, traumatic injury, or developmental disability, legal guardianship may be required. This protects the individual while ensuring that decisions are made in a consistent and legally authorized manner.


In San Antonio, establishing adult guardianship begins with filing an application with the probate court, followed by an evaluation from a licensed physician and a court-appointed attorney who represents the proposed ward. The court must determine that less restrictive alternatives—such as a power of attorney or supported decision-making—are not sufficient.


If the court grants guardianship, it will define the scope of authority, which may include residential decisions, consent to medical treatment, and the handling of financial matters. Guardians must file annual reports and financial accountings to remain in good standing.

Temporary and Emergency Guardianship

There are situations where immediate legal authority is needed to protect an individual from imminent harm. In these cases, a temporary guardianship can be requested through an expedited court process.


Temporary guardianship is often used in emergency medical situations, cases of elder abuse, or when assets are at risk of mismanagement. The court may issue a temporary order without a full hearing but will require a permanent hearing within a set timeframe, typically 60 days.


Legacy Legal Solutions, PLLC assists clients in San Antonio, Boerne, Kerrville, New Braunfels and throughout Texas with both emergency and standard guardianship filings, ensuring compliance with procedural requirements and protecting the best interests of the ward.

  • Alternatives to Guardianship

    Texas courts are required to consider less restrictive alternatives before granting full guardianship. These options include powers of attorney, medical directives, joint bank accounts, and representative payees for Social Security benefits.


    Supported decision-making agreements are another alternative in which a person with a disability selects someone they trust to assist with decision-making without surrendering legal authority. This is a viable solution in cases where the individual retains some capacity and can actively participate in decisions.


    Our attorneys at Legacy Legal Solutions, PLLC evaluate all possible alternatives and help families in San Antonio determine the least invasive legal structure to meet their loved one’s needs.

  • Ongoing Guardian Responsibilities and Reporting

    Once appointed, guardians must follow ongoing responsibilities defined by Texas law and monitored by the court. Guardians of the person must file annual reports detailing the ward’s living conditions, health, and care. Guardians of the estate must submit inventories, annual accountings, and requests for court approval on large financial transactions.


    Failure to meet these obligations can result in removal, legal penalties, or additional court intervention. San Antonio probate courts emphasize transparency and accountability, making it essential for guardians to maintain thorough records.


    Our firm helps guardians prepare and submit all required reports and financial documentation, providing support that reduces the burden of ongoing legal compliance.

  • Modifying or Terminating Guardianship

    Guardianship can be modified or terminated when circumstances change. A guardian may resign, or the ward may regain capacity and petition the court for restoration of rights. In cases involving minors, guardianship automatically ends when the child reaches age 18 unless extended by the court due to ongoing incapacity.


    The court may also remove a guardian who fails to fulfill legal duties, acts inappropriately, or becomes unable to serve. Any interested party can petition for modification, and the court will evaluate what is in the best interest of the ward.


    Legacy Legal Solutions, PLLC advises clients on how to amend or end a guardianship properly, ensuring legal transitions are handled smoothly and respectfully.

Legal Guidance for Families Navigating Guardianship

Pursuing guardianship can be an emotionally and legally complex process. Whether you are seeking to protect a vulnerable adult or secure care for a minor child, understanding the required procedures, filings, and court expectations is crucial.


Our team provides comprehensive support throughout the guardianship process, from filing the initial application in Bexar County to court representation and long-term legal compliance. We aim to give families in San Antonio the peace of mind that comes from knowing their loved ones are legally protected and cared for under the law.